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(영문) 서울고등법원 2015.05.28 2014나2023216
손해배상(기)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. Status 1 of the Parties A Co., Ltd. (hereinafter “A”).

(2) The Defendant is a juristic person established under the Mutual Savings Banks Act for the purpose of mutual credit fraternity business, credit installment savings business, etc., and the Plaintiff was appointed as a trustee in bankruptcy on September 26, 2013. (2) The Defendant is a person who served as a representative director of A from January 15, 2008 to March 24, 2009.

B. Unfair loans 1) Mutual savings banks are the former Mutual Savings Banks Act (amended by Act No. 10175, Mar. 22, 2010; hereinafter the same applies).

Article 12 of the former Enforcement Decree of the Mutual Savings Banks Act (amended by Presidential Decree No. 20947 of July 29, 2008)

(1) Pursuant to Article 9 of the Regulations on Supervision of Business of Mutual Savings Banks (Financial Services Commission Notice No. 2008-8), a mutual savings bank may not extend credit to an individual borrower in excess of 20/100 of its equity capital, and if a mutual savings bank exceeds the credit limit, it shall meet the limits set forth in the provisions within one year from the date it exceeds the limits. In addition, a mutual savings bank shall maintain the soundness and profitability of the loan in consideration of the borrower's credit standing and repayment ability in handling the loan, the purpose of the loan, etc. in accordance with Article 2 of the Regulations on Supervision of Business of Mutual Savings Banks, Article 2 of the Standard Operating Manual of Mutual Savings Banks, Articles 3, 4, 5, 8, and 27 of the Loan Regulations, and shall take into account the borrower's credit standing and repayment ability, and the debtor's business feasibility, profitability, assets, credit standing, etc. into consideration, and shall establish a joint guarantor within the limits set forth in the provisions, and shall investigate the credit and credit standing of the debtor and guarantor within 300 billion won.

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